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Court live streaming ‘to be limited’

Hong Kong, 18 December 2023: A Judiciary initiative to begin live streaming of court proceedings early next year will be “very limited” in its scope and will not involve juries or witnesses, Colin Cohen has told radio listeners.

Speaking on RTHK Radio 3’s Backchat, he commented: “Open justice is a fundamental characteristic of our legal system and so, for most hearings, any member of the public can attend. Our government is looking to follow other jurisdictions whereby you can watch a live stream on your computer or television. It is an extra dimension to ensure that open justice is for everybody.”

Colin, Senior Partner in BC&C, dismissed the notion that the move could result in show trials like those in the US – such as the defamation hearing between celebrities Johnny Depp and Amber Heard – which have triggered a social media frenzy.

He told presenters Andrew Work and Car Ha: “My understanding is they will start with the Court of Final Appeal, where the court considers legal arguments and delivers its judgment. I can also see it possibly happening at the end of trials where the judge is giving reasons for sentencing. But I don’t believe we’ll be able to watch jury trials or see witnesses give evidence. As for a Johnny Depp scenario, that will never happen here.”

The discussion was aired after the Judiciary revealed it is “planning to take forward a trial run on selected cases in early 2024”. The move brings Hong Kong into line with countries such as Canada, the UK, Australia and the US, which all broadcast proceedings in their top courts, albeit with some differences in how this is done.

The UK began live streaming of hearings in its Supreme Court in 2009 and expanded this to the Court of Appeal in 2013. Last year, the sentencing in a criminal trial in the UK was shown live on television for the first time, although filming was limited to the judge’s sentencing remarks, with only the judge appearing on camera.

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